Home rights notice

[BazzaS]

The Wikivorce divorce advice forum said something about the Home Rights Notice does not protect the person

named on the deeds who owns the house.

That's why I assumed that the law protects everybody and everyone except the person who

worked and paid for the house.

I am only married to one woman, you seem to be implying that I am into bigamy.

 

Just asking given your "protects everyone" given the home rights notice protects one spouse / partner and I wondered where "everyone except me"came from....

Possibility 1: Marriage to lots of people... You say not.

 

Possibility 2 : Drama llama-ing? It seems so, since "protects one (who isn't me)" has become "protects everyone except me".

Hint: the difference is whether it is neutral or not regarding the rest of the world (that is, other than you and your wife)........

so, how does it protect / affect, for example, me?

Clearly it doesn't!

 

Stop drama'ing.

 

The world (other than you and your wife) aren't affected by the notice.

 

Your house hasn't become "worthless". Nor should you consider bulldozing the house (unless you really want to be homeless, and intentionally homeless at that).

 

You can't avoid giving your wife her share of the property, despite who you feel is at fault for the breakup.

 

You have a choice : continue with the bitterness, "woe is me", and doing nothing to move forward, or take the options open to you. Your call.

[chiefmegawatty]

Hi BazzaS.

You said "You can't avoid giving your wife her share of the property".

OK fair enough. However my wife's mother has just passed away and my wife will inherit

her mothers house when the probate is completed in the following months.

OK so I have to pay her half the value of this house even though she will soon own her mothers house.

 

I have also heard that my wife can have half of my private pension even though she has her own

private pension.

I was told by a solicitor that any money I save up during the separation period will have to be shared

with my wife upon divorce.

However my wife won't have to share her inheritance with me even though she will soon be worth more than me.

 

Yes indeed "woe is me", I loose no matter what.

 

I get the following impression from my free half hour with a solicitor:

If I won the lottery I would have to pay my wife half of my winnings because I still live in the family home.

However if she won the lottery she can keep all her winnings because she isn't living in the family home.

 

I thought my wife's inherited wealth and my wealth would have been added together and then shared

50/50 but apparently not.

 

Yes, woe is me, the law stinks.

[BazzaS]

Hi BazzaS.

You said "You can't avoid giving your wife her share of the property".

OK fair enough. However my wife's mother has just passed away and my wife will inherit

her mothers house when the probate is completed in the following months.

OK so I have to pay her half the value of this house even though she will soon own her mothers house.

 

I have also heard that my wife can have half of my private pension even though she has her own

private pension.

I was told by a solicitor that any money I save up during the separation period will have to be shared

with my wife upon divorce.

However my wife won't have to share her inheritance with me even though she will soon be worth more than me.

 

Yes indeed "woe is me", I loose no matter what.

 

I get the following impression from my free half hour with a solicitor:

If I won the lottery I would have to pay my wife half of my winnings because I still live in the family home.

However if she won the lottery she can keep all her winnings because she isn't living in the family home.

 

I thought my wife's inherited wealth and my wealth would have been added together and then shared

50/50 but apparently not.

 

Yes, woe is me, the law stinks.

 

The court looks at all the assets. If your house is worth much more than get assets then yes, you'd have to give up more than she would. However:

 

If she was a high-flying exec earning multi-millions and you were a home-husband : you'd share in her assets.

 

I don't know where the "she gets half of yours, you get none of hers" comes from.

Don't divorce her until she inherits .....

 

It isn't exactly 50/50.

50/50 used to be the split, then it became "the starting point". Now the courts look at the whole picture : the contribution of the parties, the assets & income of both, the requirements of both (including who has custody of non-adult children), and the contributions (financial AND non-financial) of both parties.

[chiefmegawatty]

The home rights notice remains on the land registry of this house even if my wife won the lottery.

The home rights notice says nothing regarding my wife's wealth.

This house is worth less than the house she will inherit.

She gets half of mine because she has claimed against the family home.

I can't get half of hers because her inherited house was never our family home.

When she inherits her mothers house I am not allowed to slap a home rights notice on it

which proves my point. She has secured her right to half the value of this house but I can't secure

the right to half the value of the house she inherits.

Therefore the law stinks.

[BazzaS]

The home rights notice remains on the land registry of this house even if my wife won the lottery.

The home rights notice says nothing regarding my wife's wealth.

This house is worth less than the house she will inherit.

She gets half of mine because she has claimed against the family home.

 

And it was going so well ... You were correct, then "almost correct" with the last statement.

She doesn't get "half the house". She gets a fair share as agreed between you, or as determined by the court if you can't agree

 

1) Fair : not equal or 50/50

2) of all the assets and liabilities. Not just "the house". The notice merely serves as a warning to others she has (as yet, unresolved) right.

 

I can't get half of hers because her inherited house was never our family home.

 

No. You can't serve a home rights notice on it. That isn't the same as "can't have a share of it"

It would form part of the assets considered at a divorce .....

 

When she inherits her mothers house I am not allowed to slap a home rights notice on it

which proves my point. She has secured her right to half the value of this house but I can't secure

the right to half the value of the house she inherits.

 

See above. You can't put a home rights notice on it but it is an asset which would form part of any settlement

 

Therefore the law stinks.

 

Her having an asset (her mothers house) makes there more assets to consider at divorce.

Divorce would end her home rights notice.

Getting a share of "her inheritance" might even satisfy your need for "revenge" and allow you to move on?

This is why I previously noted "Don't divorce her until she inherits"......